BILL NUMBER: AB 2110	CHAPTERED  07/03/00

	CHAPTER   58
	FILED WITH SECRETARY OF STATE   JULY 3, 2000
	APPROVED BY GOVERNOR   JUNE 30, 2000
	PASSED THE SENATE   JUNE 22, 2000
	PASSED THE ASSEMBLY   MAY 11, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000

INTRODUCED BY   Assembly Member Rod Pacheco

                        FEBRUARY 22, 2000

   An act to amend Sections 38772, 38773.2, 38773.6, and 38773.7 of
the Government Code, relating to nuisances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2110, Rod Pacheco.  Graffiti abatement.
   Existing law authorizes a city, county, or city and county to
provide for the abatement of a nuisance resulting from the defacement
of the property of another by graffiti or any other inscribed
material at the expense of a minor creating, causing, or committing
the nuisance.  Existing law also authorizes a city, county, or city
and county to adopt an ordinance making the expense of abatement a
lien against property of the minor or the parent or guardian of the
minor and a personal obligation of the minor or the parent or
guardian of the minor and specifying the procedures for the
recording, abatement, and satisfaction of the lien.
   This bill would authorize the extension of these provisions to
apply to persons other than minors creating, causing, or committing
these nuisances.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 38772 of the Government Code is amended to
read:
   38772.  (a) The legislative body of a city, county, or city and
county may provide for the summary abatement of any nuisance
resulting from the defacement of the property of another by graffiti
or any other inscribed material at the expense of the minor or other
person creating, causing, or committing the nuisance and by ordinance
may make the expense of abatement of the nuisance a lien against
property of the minor or other person and a personal obligation
against the minor or other person pursuant to Section 38773.2 or
38773.6.
   (b) The parent or guardian having custody and control of the minor
shall be jointly and severally liable with the minor.  The
legislative body of a city, county, or city and county may make the
expense of abatement of any nuisance, resulting from the defacement
by a minor of the property of another by graffiti or any other
inscribed material, a lien against the property of a parent or
guardian, having custody and control of the minor, and a personal
obligation against the parent or guardian having custody and control
of the minor pursuant to Section 38773.2 or 38773.6.
   (c) Notwithstanding any other provision of law, the names and
addresses of the parent or guardian having custody and control of the
minor, if known, shall be reported by the probation officer of the
county to the city clerk or other official designated by the
legislative body of the city, county, or city and county in which the
defaced property is located.
   (d) As used in this section, the following terms have the
following meanings:
   (1) "Expense of abatement" includes, but is not limited to, court
costs, attorney's fees, costs of removal of the graffiti or other
inscribed material, costs of repair and replacement of defaced
property, and the law enforcement costs incurred by the city, county,
or city and county in identifying and apprehending the minor or
other person.
   (2) "Graffiti or other inscribed material" means any unauthorized
inscription, word, figure, mark, or design that is written, marked,
etched, scratched, drawn, or painted on any real or personal
property.
   (3) "Minor"or "other person" means a minor or other person who has
confessed to, admitted to, or pled guilty or nolo contendere to a
violation of Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal
Code, or a minor convicted by final judgment of a violation of
Section 594, 594.3, 640.5, 640.6, or 640.7 of the Penal Code, or a
minor declared a ward of the Juvenile Court pursuant to Section 602
of the Welfare and Institutions Code by reason of the commission of
an act prohibited by Section 594, 594.3, 640.5, 640.6, or 640.7 of
the Penal Code.
  SEC. 2.  Section 38773.2 of the Government Code is amended to read:

   38773.2.  (a) The legislative body of a city, county, or city and
county may, by ordinance, establish a procedure to collect abatement
and related administrative costs incurred in the summary abatement of
any nuisance resulting from the defacement by a minor or other
person of the property of another by graffiti or any other inscribed
material.  The ordinance shall require notice to the minor or other
person prior to the recordation of a lien on the parcel of land owned
by the minor or other person.  The ordinance shall require notice to
the parent or guardian having custody and control of the minor prior
to the recordation of a lien on the parcel of land owned by the
parent or guardian having custody and control of the minor.
   (b) The notice shall be served in the same manner as a summons in
a civil action pursuant to Article 3 (commencing with Section 415.10)
of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure.
If the minor or other person, after diligent search, cannot be found,
the notice may be served by posting a copy of the notice upon the
property owned by the minor or other person, in a conspicuous place,
for a period of 10 days.  The notice shall also be published pursuant
to Section 6062 in a newspaper of general circulation that is
published in the county in which the property is located.  If the
parent or guardian having custody and control of the minor, after
diligent search, cannot be found, the notice may be served by posting
a copy of the notice upon the property owned by the parent or
guardian having custody and control of the minor, in a conspicuous
place, for a period of 10 days.  The notice shall also be published
pursuant to Section 6062 in a newspaper of general circulation that
is published in the county in which the property is located.
   (c) A graffiti nuisance abatement lien shall be recorded in the
county recorder's office in the county in which the parcel of land is
located.  From the date of recording, the lien shall have the force,
effect, and priority of a judgment lien.
   (d) A graffiti nuisance abatement lien authorized by this section
shall specify the amount of the lien; the name of the agency on whose
behalf the lien is imposed; the date of the abatement order; the
street address, legal description, and assessor's parcel number of
the parcel on which the lien is imposed; and the name and address of
the recorded owner of the parcel.
   (e) If the lien is discharged, released, or satisfied, either
through payment or foreclosure, notice of the discharge containing
the information specified in subdivision (d) shall be recorded by the
governmental agency.  A graffiti nuisance abatement lien and the
release of the lien shall be indexed in the grantor-grantee index.
   (f) A graffiti nuisance abatement lien may be satisfied through
foreclosure in an action brought by the city.
   (g) Notwithstanding Section 6103, Section 27383, or any other
provision of law, the county recorder may impose a fee on the city,
county, or city and county to reimburse the costs of processing and
recording the lien and providing notice to the property owner.  The
city, county, or city and county may recover from the property owner
any costs incurred regarding the processing and recording of the lien
and providing notice to the property owner as part of its
foreclosure action to enforce the lien.
   (h) As used in subdivision (a), "abatement and related
administrative costs" include, but are not limited to, court costs,
attorney's fees, costs of removal of the graffiti or other inscribed
material, costs of repair and replacement of defaced property, and
the law enforcement costs incurred by the city, county, or city and
county in identifying and apprehending the minor or other person.
   (i) The terms "graffiti or other inscribed material," "minor," and
"other person" have the same meaning as specified in Section 38772.

  SEC. 3.  Section 38773.6 of the Government Code is amended to read:

   38773.6.  (a) As an alternative to the procedure specified in
Section 38773.2, the legislative body of a city, county, or city and
county may, by ordinance, establish a procedure for the abatement of
any nuisance resulting from the defacement by a minor or other person
of property of another by graffiti or other inscribed material and
make the abatement and related administrative costs a special
assessment against a parcel of land owned by the minor or other
person or by the parent or guardian having custody and control of the
minor.  The assessment may be collected at the same time and in the
same manner as ordinary municipal taxes are collected and shall be
subject to the same penalties and the same procedure and sale in case
of delinquency as provided for ordinary municipal taxes.  All laws
applicable to the levy, collection, and enforcement of municipal
taxes shall be applicable to the special assessment.  However, if any
real property to which the abatement and related administrative
costs relates has been transferred or conveyed to a bona fide
purchaser for value, or if a lien of a bona fide encumbrancer for
value has been created and attaches thereon prior to the date on
which the first installment of the taxes would become delinquent,
then the abatement and related administrative costs shall not result
in a lien against the real property but shall instead be transferred
to the unsecured roll for collection.  Notices or instruments
relating to the abatement proceeding or special assessment may be
recorded.
   (b) The terms "abatement and related administrative costs,"
"graffiti or other inscribed material," "minor," and "other person"
have the same meaning as specified in Sections 38772 and 38773.2.
  SEC. 4.  Section 38773.7 of the Government Code is amended to read:

   38773.7.  The legislative body, by ordinance, may provide that
upon entry of a second or subsequent civil or criminal judgment
within a two-year period finding that an owner of property or a
person described in paragraph (3) of subdivision (d) of Section 38772
is responsible for a condition that may be abated in accordance with
an ordinance enacted pursuant to Sections 38773.5 and 38773.6,
except for conditions abated pursuant to Section 17980 of the Health
and Safety Code, the court may order that person to pay treble the
costs of the abatement.
